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STATEMENT OF FACTS
Your affiant, is a Task Force Officer assigned to the Federal Bureau
of Investigation (“FBI”) Newark Field Office, Joint Terrorism Task Force, under whose
authority I was sworn in by the US Department of Justice as a Special Deputy U.S. Marshal,
charged with the duties of investigating violations of Federal Law. My employing agency is the
Jersey City Police Department where I hold the rank of Sergeant. In my duties as a Task Force
Officer, I have led and/or participated in a number of National Security investigations related to
both Domestic and International Terrorism. I have completed training and gained experience in
interviewing and interrogation techniques, arrest procedures, search warrant applications, the
execution of searches and seizures, and various other criminal laws and procedures. Among
other matters, I am tasked with investigating criminal activity in and around the Capitol grounds
on January 6, 2021. As a Task Force Officer, I am authorized by law or by a Government agency
to engage in or supervise the prevention, detection, investigation, or prosecution of a violation of
Federal criminal laws.
The U.S. Capitol is secured 24 hours a day by U.S. Capitol Police (“USCP”). Restrictions
around the U.S. Capitol include permanent and temporary security barriers and posts manned by
USCP. Only authorized people with appropriate identification were allowed access inside the
U.S. Capitol. On January 6, 2021, the exterior plaza of the U.S. Capitol was also closed to
members of the public.
On January 6, 2021, a joint session of the United States Congress convened at the United
States Capitol, which is located at First Street, SE, in Washington, D.C. During the joint session,
elected members of the United States House of Representatives and the United States Senate
were meeting in separate chambers of the United States Capitol to certify the vote count of the
Electoral College of the 2020 Presidential Election, which had taken place on November 3, 2020.
The joint session began at approximately 1:00 p.m. EST Shortly thereafter, by approximately
1:30 p.m. EST, the House and Senate adjourned to separate chambers to resolve a particular
objection. Vice President Mike Pence was present and presiding, first in the joint session, and
then in the Senate chamber.
As the proceedings continued in both the House and the Senate, and with Vice President
Mike Pence present and presiding over the Senate, a large crowd gathered outside the U.S.
Capitol. As noted above, temporary and permanent barricades were in place around the exterior
of the U.S. Capitol building, and USCP were present and attempting to keep the crowd away
from the Capitol building and the proceedings underway inside.
At such time, the certification proceedings were still underway and the exterior doors and
windows of the U.S. Capitol were locked or otherwise secured. Members of the USCP attempted
to maintain order and keep the crowd from entering the Capitol; however, around 2:00 p.m.,
individuals in the crowd forced entry into the U.S. Capitol, including by breaking windows and
by assaulting members of the USCP, as others in the crowd encouraged and assisted those acts.
Shortly thereafter, at approximately 2:20 p.m. EST members of the United States House
of Representatives and United States Senate, including the President of the Senate, Vice
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President Mike Pence, were instructed to and did evacuate the chambers. Accordingly, the joint
session of the United States Congress was effectively suspended until shortly after 8:00 p.m.
EST. Vice President Pence remained in the United States Capitol from the time he was evacuated
from the Senate Chamber until the sessions resumed.
During national news coverage of the aforementioned events, video footage which
appeared to be captured on mobile devices of persons present on the scene depicted evidence of
violations of local and federal law, including scores of individuals inside the U.S. Capitol
building without authority to be there.
On 1/25/2021 the FBI Newark Field Office received information that on 1/9/2021, at
approximately 9:00 a.m., Eastern Time,
ubmitted an online tip to the FBI National Threat Operations Center (NTOC) via
www.fbi.gov to report himself as a participant in the riots at the U.S. Capitol on 1/6/2021.
Within the tip, admitted to trespassing and entering the Capitol building.
The tip stated, “I was a trespasser/observer in the back of th ebuilding (sic). I would plead
guilty to trespass or what ever (sic) crimes i committed to offer a full statement (sic) of what i
saw. If you tell me which office to go to i will come down voluntarily. I think something fishy
was going on and the sooner we get to the bottom of it the better I can come today or as soon as
you are available. Thank you for your service.”
The tip listed “smashing windows” and “pushing over barricades” as other crimes that
occurred.
On January 25, 2021, after receiving predicating information, Special Agent Brian Papke
and Task Force Officer Matthew Scalcione conducted a recorded non-custodial interview of
During the interview,
confirmed that, on January 9, he personally submitted the online tip to NTOC, reporting himself
as a participant in the riots at the Capitol on January 6. He further confirmed that the details
provided in the tip were truthful and he did enter the Capitol. told SA Papke and
TFO Scalcione the following:
on January 5, 2021 to Wilson, North
Carolina to pick up his friend, John CARL, whom he knew through past and present business
dealings. and CARL then traveled to Washington, D.C. where they stayed at a
hotel booked under name.
On January 6, and CARL walked to the rally near the White House where
then-President Donald Trump was scheduled to speak. and CARL then walked to
the Capitol. Upon arrival, they saw temporary fencing that had been pushed over, allowing them
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access to areas believed were not intended to be accessible. and
CARL made their way up the stairs to the Capitol building where observed other
people breaking windows and entering the building through those windows. A person from
inside the building then opened a door near him.
confirmed that both he and CARL entered the Capitol with many others. He
knew at that time that his entry was unlawful and that he was committing the crime of trespass.
estimated that he did not go far inside the Capitol and remained for approximately
thirty minutes. During that time, CARL went further into the building and returned saying that
there were police officers further inside denying entry deeper into the building.
CARL then exited the building using the same door through which they entered.
At various points in the interview, voluntarily showed pictures that he had
taken during the event on his cell phone and permitted SA Papke to take pictures of the images
as displayed on his phone. See Image 1. stated that he had a
limited number of photos as his phone's battery died shortly after he arrived at the Capitol.
Image 1 – Example of a picture of the Capitol Riot taken by
The following day, SA Papke received an e-mail from e-mail address:
wrote, "Thank you for coming out. I hope I was able to
help a little bit. Happy to plead guilty for what ever (sic) crimes I committed."
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February 9 Interview
On February 9, 2021, presented himself at Federal Bureau of Investigation,
11 Centre Place, Newark, NJ, 07102 and again participated in a recorded non-custodial interview
with SA Papke and TFO Scalcione.
During the interview, presented the jacket that he wore on January 6 during
the Capitol Riot. See Image 2. indicated that the jacket was in the same state as it
had been on January 6 and had not been laundered. He stated that the visible white stains were
the result of milk that was being poured into the eyes of persons unknown to him who had been
exposed to a chemical irritant spray after exited the Capitol Building.
Image 2 – from January 6
Interview of John CARL
On February 17, 2021, FBI Agents interviewed CARL. CARL acknowledged being a
friend of and traveling with him before and after the Capitol Riot. CARL admitted
to entering the Capitol Building and provided details of his participation in the riot. CARL also
identified himself and from footage recorded in the Capitol. CARL also provided
the agents with footage he had recorded while at the Capitol on January 6, 2021.
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Image 4 – Screenshot from video that CARL took showing confrontation with officers at the
Senate Wing Door
Last Interview
On June 16, 2021, again participated in a recorded non-custodial interview
with SA Papke and TFO Scalcione. During the interview, was shown images of
individuals matching the description of and CARL taken from D.C. Metropolitan
Police (“MPD”) body worn cameras (“BWC”). See Image 6, below. believed that
the individual in the blue Carhart jacket was himself and the individual in the maroon and grey
jacket was CARL.
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Image 6 – CARL turns to confront the MPD officer
Image 7 – Five seconds later, CARL pushes against the officer’s arm and baton
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They appear to enter Senator Merkley’s office off the left side of Image 9. Then CARL
proceeds down the hallway, while near the Senate Wing Door.
Based on the foregoing, your affiant submits that there is probable cause to believe that
CARL violated 18 U.S.C. § 231(a)(3), which makes it unlawful to commit or attempt to commit
any act to obstruct, impede, or interfere with any fireman or law enforcement officer lawfully
engaged in the lawful performance of his official duties incident to and during the commission of
a civil disorder which in any way or degree obstructs, delays, or adversely affects commerce or
the movement of any article or commodity in commerce or the conduct or performance of any
federally protected function. For purposes of Section 231 of Title 18, a federally protected
function means any function, operation, or action carried out, under the laws of the United
States, by any department, agency, or instrumentality of the United States or by an officer or
employee thereof. This includes the Joint Session of Congress where the Senate and House count
Electoral College votes.
Your affiant submits that there is also probable cause to believe that and
CARL violated 18 U.S.C. § 1752(a)(1) and (2), which makes it a crime to (1) knowingly enter or
remain in any restricted building or grounds without lawful authority to do; and (2) knowingly,
and with intent to impede or disrupt the orderly conduct of Government business or official
functions, engage in disorderly or disruptive conduct in, or within such proximity to, any
restricted building or grounds when, or so that, such conduct, in fact, impedes or disrupts the
orderly conduct of Government business or official functions; or attempts or conspires to do
so. For purposes of Section 1752 of Title 18, a “restricted building” includes a posted, cordoned
off, or otherwise restricted area of a building or grounds where the President or other person
protected by the Secret Service, including the Vice President, is or will be temporarily visiting;
or any building or grounds so restricted in conjunction with an event designated as a special
event of national significance.
Your affiant submits there is also probable cause to believe that and CARL
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(D) utter loud, threatening, or abusive language, or engage in disorderly or disruptive conduct, at
any place in the Grounds or in any of the Capitol Buildings with the intent to impede, disrupt, or
disturb the orderly conduct of a session of Congress or either House of Congress, or the orderly
conduct in that building of a hearing before, or any deliberations of, a committee of Congress or
either House of Congress; and (G) parade, demonstrate, or picket in any of the Capitol
Buildings.
Federal Bureau of Investigation
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